Noor Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65369 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- GARRANDANGA District- Kishanganj ======================================================

1. Noor Alam, Son of Late Gubarat Ali,

2. Idrish, Son of Late Gubarat Ali,

3. Isrile Son of Late Gubarat Ali,

4. Ismile Son of Late Gubarat Ali,

5. Ishak Son of Late Gubarat Ali, All resident of Hat Padampur, P.S. Dighalbank, District- Kishanganj.

6. Md. Afsar Son of Enamul.

7. Md. Saiyo Son of Late Bechan Ali,

8. Apisar Son of Md. Saiyo,

9. Akmal Son of Enamul.

10. Anwar, Son of Juned.

11.Sanwar Alam @ Md. Perwez Alam, Son of Juned

12. Nayemo @ Moinuddin, Son of Samiruddin, All resident of Bentbari P.S.- Garbhandanga, District- Kishanganj.

13. Afsar @ Md. Afsar Alam, Son of Ajoyjul.

14. Abdul @ Abdur Rahman, Son of Mojabjil Both resident of Badi, P.S. Garbhandanga, District- Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilesh Kumar For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

Allegation is that the accused persons including the

Patna High Court Cr.Misc. No.65369 of 2018(2) dt.01-11-2018 2/3 petitioners assaulted the informant with lathi, danda, dabiya, due to which he sustained injuries.When Zamirul, Sukhari, Nasima Khatoon came to save him, they were also assaulted. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place due to land dispute. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Kishanganj in connection with Garbandanga P.S. case No.41 of 2018, subject to the conditions

Patna High Court Cr.Misc. No.65369 of 2018(2) dt.01-11-2018 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T